Singapore legislation
Section 17
Section 17
Duties of owner developer as regards maintenance funds
(1)
Subject to subsection (2), the owner developer of the development must —
in respect of every lot or proposed lot in the development sold —
pay into the relevant maintenance fund an amount equal to the amount of maintenance charges which would have been payable by the purchaser until such maintenance charges are due and payable; and
collect all maintenance charges from the date the maintenance charges are due and payable from the purchaser of every lot or proposed lot in that development and pay all such maintenance charges into the relevant maintenance fund established under section 16;
in respect of every lot or proposed lot in the development not yet sold, pay into the relevant maintenance fund an amount equal to the amount of maintenance charges which would have been payable by a purchaser of that lot or proposed lot if sold from the date the relevant maintenance fund is so established under section 16; and
pay all income derived from the common property and limited common property (if any) of that development into the relevant maintenance fund for that development from the date the relevant maintenance fund is so established under section 16.
(2)
Despite subsection (1), the owner developer is authorised to pay all maintenance charges in respect of a lot or proposed lot in a development mentioned in subsection (1)(a)(i) into the relevant maintenance fund with effect from the later of the following dates:
the date that is 4 weeks after the date the first temporary occupation permit is issued in respect of any lot or proposed lot in the development;
the date the relevant maintenance fund is established under section 16 for the development.
(3)
All moneys in any maintenance fund for a development must be held by the owner developer of the development on trust —
in the case of a general maintenance fund established under section 16(2) — for all the purchasers of lots or proposed lots in that development; and
in the case of a special maintenance fund established under section 16(3) in respect of any limited common property — for all the purchasers of the lots or proposed lots in that development for whose exclusive benefit that limited common property has been designated under their sale and purchase agreements with the owner developer.
(4)
The moneys in any maintenance fund established under section 16 must be deposited only with a bank which is licensed under the Banking Act 1970, and must not be invested.
(5)
The owner developer of a development must —
cause proper books of accounts to be kept in respect of all sums of money received for and all payments out of every maintenance fund established under section 16 for the development, specifying the matters in relation to which the receipts and expenditure take place;
appoint an auditor to audit every such maintenance fund annually;
cause the accounts of every such maintenance fund to be audited within 4 months after the management corporation for that development is constituted;
file with the Commissioner a certified true copy of the audited accounts not later than the 28th day after the accounts of every such maintenance fund have been audited;
permit the Commissioner, or any person authorised by the Commissioner to act on his or her behalf, at all reasonable times full and free access to the accounts and other records of every maintenance fund and permit the Commissioner or the authorised person to make copies of or make extracts from those accounts or other records; and
furnish a certified true copy of the accounts of every maintenance fund to the Commissioner at the intervals required by the Commissioner.
(6)
Without affecting subsection (5), the owner developer of a development must also —
not later than the 28th day after the accounts of every such maintenance fund have been audited, make available for a period of 2 weeks those accounts for inspection by any purchaser of any lot or proposed lot in the development or the purchaser’s agent without payment of any fee; and
at any other time, permit the purchaser of any lot or proposed lot in the development or the purchaser’s agent to inspect the accounts and other records of any such maintenance fund, and to make copies of or make extracts from those accounts or other records, at such time and place as may be agreed between the parties and after payment of a prescribed fee.
(7)
The owner developer of a development must maintain a register (called in this Act the register of purchasers) in such form as the Commissioner may require, containing the following particulars in respect of the lots or proposed lots in the development:
the share value assigned or to be assigned to each lot or proposed lot shown in the schedule of strata units or amended schedule of strata units (as the case may be) filed with the Commissioner under section 11;
the floor area of each lot or proposed lot;
if the development comprises limited common property, the lots or proposed lots for whose exclusive benefit that limited common property has been designated;
the name, address and other identification particulars of the purchaser of each lot or proposed lot and, if the purchaser is not a resident of Singapore, an address in Singapore to which notices may be served on the purchaser;
the name and address of the solicitors acting for the purchaser of the lot or proposed lot in the sale and purchase of each lot or proposed lot, as the case may be.
(8)
The owner developer of a development must, not later than the 14th day after a request is made by the Commissioner, forward to the Commissioner a true copy of the register of purchasers for that development.
(9)
Any owner developer who contravenes subsection (1) read with subsection (2), or subsection (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction.
(10)
Any owner developer who contravenes subsection (6), (7) or (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.